Election Regulations and Ballot Access Cases
Anderson v. Celebrezze (1983) struck down on First Amendment grounds a
state law that imposed early filing requirements for an independent
presidential candidate.
Brown v. Hartlage (1982) struck down a decision invalidating an election of
a candidate who retracted a promise. The Court said political candidates
had First Amendment protection.
Buckley v. American Constitutional Law Foundation (1999) struck down
Colorado’s requirements that people circulating ballot petitions be
registered voters and wear ID tags.
Burdick v. Takushi (1992) upheld a ban on write-in voting. The Court ruled
that such bans do not violate First Amendment rights of free expression and
political association.
Burson v. Freeman (1992) upheld a law providing for a “campaign free zone”
around polling places. It is rare that a law limiting First Amendment
rights survives strict scrutiny.
California Democratic Party v. Jones (2000) invalidated a state law that
changed political primaries into “open” primaries. The Court based its
decision on the First Amendment.
Clingman v. Beaver (2005) upheld a state law requiring semi-closed
primaries for political parties. The Libertarian Party said the law
violated the First Amendment.
Democratic Party of United States v. Wisconsin (1981) ruled that laws
dictating how delegates vote at national conventions violate the First
Amendment rights of political parties.
Eu v. San Francisco County Democratic Central Committee (1989) said
California’s regulation of political parties’ operations violated their
members’ First Amendment rights.
In Gerende v. Board of Supervisors of Elections of Baltimore, the court
upheld a Maryland requirement that all candidates seeking access to the
ballot must take a loyalty oath.
Illinois State Board of Elections v. Socialist Workers Party (1979) struck
down a law requiring more signatures to qualify for the Chicago ballot than
for a statewide office.
Jenness v. Fortson (1971), the Court upheld a Georgia law requiring
minor-party candidates to obtain the signatures of 5 percent of eligible
voters on their nominating petitions.
In Doe No. 1 v. Reed (2010), the Court upheld a state law requiring the
disclosure of referendum signers and ruled that the law on its face does
not violate the First Amendment.
Meyer v. Grant (1988) invalidated a provision of a Colorado statute that
made it a felony to pay people circulating petitions to include initiatives
on state ballots.
A Minnesota law that prohibited wearing political apparel at polling places
was struck down by the U.S. Supreme Court as violating the First Amendment.
Munro v. Socialist Workers Party (1986) considered whether ballot access
restrictions placed on minor party candidates violated rights protected by
the First Amendment.
Norman v. Reed (1992) struck down a state law requiring minor political
parties to obtain 25,000 signatures to appear on the ballot, finding it
violated the First Amendment.
Republican Party of Minnesota v. White (2002) said a rule prohibiting
judicial candidates from announcing their views on controversial issues
violated the First Amendment.
Storer v. Brown (1974) said a California law requiring disaffiliation of
independent candidates who wanted to be on the ballot did not violate the
First Amendment.
Susan B. Anthony List v. Driehaus (2014) upheld standing for a group who
said an Ohio law that criminalized false statements during a campaign
violated the First Amendment.
Tashjian v. Republican Party of Connecticut (1986) decided that states
cannot impose a closed primary system because it denies political parties
their First Amendment right.
Timmons v. Twin Cities Area New Party (1997) dismissed constitutional
claims that so-called fusion ballots are protected by the First Amendment
freedom of association.
In Williams v. Rhodes (1968), the Supreme Court said a ballot access rule
in Ohio violated the First Amendment and placed too heavy a burden on
third-party candidates.
Zwickler v. Koota (1967) overturned a district court ruling that had turned
down an appeal against a law criminalizing distribution of anonymous
handbills.
